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1. Of the 630 square meters in Sung-gun, Sung-gun, Sungbuk-gun, the Defendant indicated in the attached Form 19, 12, 13, 15, 16, 17, 18, and 19, respectively.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 4,119 square meters of land for D farm in Sung-gun, Sung-gun, Seongbuk-gun (hereinafter “instant land”). The Defendant is the owner of the land indicated in paragraph (1) of this Article.
B. From May 17, 199, before acquiring the instant land, E, who operated a swine farm on the instant land, entrusted the Plaintiff with the management of pigs, and was sentenced on February 22, 2004 to the effect that, even after the consignment management relationship was terminated on February 22, 2004, E, who occupied and used the instant land, was sentenced to the Plaintiff’s delivery of the instant land to the Plaintiff on November 20, 2012 in the lawsuit filed by the Plaintiff.
(Law No. 2012, 14 March 14, 2014).
E used part 38 square meters in a ship listed in paragraph 1 (b) of this case (hereinafter “instant passage”) as the only passage to the instant land in order to go to a public service in the instant land.
The defendant set up a case on the passage of this case and prevents the passage of the plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, result of on-site inspection by this court, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff, as the owner of the instant land, has the right to passage over surrounding land pursuant to Article 219(1) of the Civil Act, as to the instant passage, which is the sole passage leading to a meritorious deed.
B. The Plaintiff’s right to passage along the instant road cannot be recognized as having access to the road by using a river adjacent to the Defendant’s land.
3. According to Article 219(1) of the Civil Act of the judgment, in a case where there is no passage between a certain piece of land and a public road, which is necessary for the use of the land, and the owner of the surrounding land cannot access the public road, or the cost to reach the public road is excessive, without passing over the surrounding land to the public road, he/she may pass over the surrounding land,
According to the above facts, the passage of this case is the only way from the land to the contribution of this case.